Explained: What is the Shimla Agreement of 1972 Between India and Pakistan That Islamabad Has Suspended?

In a major diplomatic escalation, Pakistan on Thursday announced that it will suspend all bilateral agreements with India, including the landmark Simla Agreement. “Pakistan shall exercise the right to hold all bilateral agreements with India, including but not limited to Simla Agreement in abeyance, till India desists from its manifested behaviour of fomenting terrorism inside Pakistan; transnational killings, and non-adherence to international law and UN Resolutions on Kashmir”, a statement released by the Pakistani Prime Minister’s Office (PMO) read.

The Shimla Agreement, signed on July 2, 1972, marked a significant moment in India-Pakistan relations. Coming on the heels of the 1971 war that led to the creation of Bangladesh, the accord sought to address longstanding issues between the two nations and pave the way for peace in the region. However, the agreement’s legacy has remained a subject of debate due to differing interpretations and its impact on subsequent developments. Here is all you need to know about the accord:

What is the Shimla Agreement?

The agreement was signed by Prime Minister Indira Gandhi and Pakistani President Zulfikar Ali Bhutto in Shimla. The agreement’s central objective was to move beyond the conflict and confrontation that had marred relations between the two countries since independence.

The key principles outlined in the agreement include:

1. Commitment to Peace: Both countries pledged to put an end to the conflict and work towards fostering a friendly and harmonious relationship. They committed to resolving differences through bilateral negotiations. As stated in the agreement, the goal was to “put an end to the conflict and confrontation that have hitherto marred their relations” and to “promote a friendly and harmonious relationship.”
2. Territorial Integrity and Sovereignty: The agreement affirmed both countries’ commitment to respect each other’s sovereignty and territorial integrity. “The prerequisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both countries to peaceful coexistence, respect for each other’s territorial integrity and sovereignty, and non-interference in each other’s internal affairs, on the basis of equality and mutual benefit”, the agreement read.
3. The Kashmir Issue: One of the most critical aspects of the agreement was its handling of the Kashmir conflict. It reaffirmed the Line of Control (LoC) that emerged after the ceasefire on December 17, 1971, and declared that neither side would alter it unilaterally. Both sides pledged to respect the LoC and refrain from using force to change it. As per the agreement, the LoC “shall be respected by both sides without prejudice to the recognised position of either side,” and neither country would seek to “alter it unilaterally, irrespective of mutual differences and legal interpretations.”
4. Military Withdrawals and Normalization: The agreement called for the withdrawal of Indian and Pakistani forces to their respective sides of the border and stipulated that this would be completed within 30 days of the agreement’s ratification. Additionally, it outlined steps to normalize relations, including resuming communication links, promoting trade and facilitating travel between the two nations.
5. Future Peace Talks: Both countries agreed to continue discussions on various issues, including the repatriation of prisoners of war, the final settlement of Jammu and Kashmir, and the resumption of diplomatic relations. The treaty provided for future meetings between the heads of state and officials to chalk out the specifics of long-term peace.

Why is the Shimla Agreement Significant?

The Shimla Agreement holds historical and diplomatic significance for several reasons:

1. Bilateral Approach to Kashmir: The agreement fundamentally established that Kashmir would be a bilateral issue between India and Pakistan, excluding third-party intervention. This shift was critical, as India had long maintained that Kashmir was an internal matter and rejected any external mediation. The agreement served to reinforce this stance.
2. A Framework for Peaceful Relations: By emphasising peaceful coexistence and mutual respect, the Shimla Agreement aimed to reduce hostilities between India and Pakistan. It set the groundwork for future dialogues and interactions, moving the two countries away from the brink of war and toward diplomatic engagement.
3. International Implications: As noted by several experts, the Shimla Agreement helped ensure that most external powers refrained from interfering in the Kashmir matter, citing the agreement as the basis for non-intervention. It significantly marginalized efforts by Pakistan to internationalize the dispute.

Controversies and Criticisms

Despite its positive intentions, the Shimla Agreement has been controversial and remains a subject of debate, particularly due to different interpretations by India and Pakistan.

1. Kashmir Dispute: While India views the agreement as solidifying Kashmir as a bilateral issue, Pakistan has consistently sought international intervention to resolve the conflict. In fact, after India’s revocation of Article 370 in 2019, Pakistan called on the United Nations to intervene, citing the Shimla Agreement, which India interpreted as rejecting third-party mediation.
2. India’s Position: India’s foreign policy is rooted in the view that Kashmir’s status should be determined without external interference. In a statement on the agreement, External Affairs Minister S. Jaishankar remarked that the Shimla Agreement contributed to Pakistan’s “revanchist” attitudes and did not adequately press India’s advantage after its victory in the 1971 war.
3. The Role of Military Interests: Some analysts have argued that the Pakistani military’s influence has consistently undermined peace efforts, ensuring that tensions between the two countries persist.
4. The Debate on the Success of the Agreement: Despite criticisms, some experts have – over the years – said that the “imperfect peace” achieved through the Shimla Agreement was better than no peace at all, suggesting that while the agreement did not achieve all objectives, it opened a pathway for future peace and normalizing relations.

The Shimla Agreement of 1972 remains one of the most significant yet contested diplomatic accords in the history of India-Pakistan relations. While it succeeded in establishing a framework for peace, the unresolved Kashmir issue and differing interpretations of the treaty have kept the region in a state of tension.

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